DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trinity College Gawler Inc T/A Trinity College Gawler
(AG2019/561)

TRINITY COLLEGE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 JUNE 2019

Application for approval of the Trinity College Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trinity College Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Trinity College Gawler Inc T/A Trinity College Gawler (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2019. The nominal expiry date of the Agreement is 5 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Trinity College Gawler Inc T/A Trinity College Gawler, the Fair Work Commission (FWC) was tasked with considering an application for the approval of the Trinity College Enterprise Agreement 2018. The applicant, Trinity College Gawler, is a private educational institution based in South Australia, which sought to have the enterprise agreement approved as a low-risk agreement under section 234 of the Fair Work Act 2009. The application was opposed by the South Australian Union of Teachers, which argued that the agreement did not adequately protect the rights and interests of the employees.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval as a low-risk agreement. This required the FWC to consider whether the agreement was likely to lead to improved productivity and efficiency in the workplace, as well as whether it provided appropriate safeguards for employees' rights and entitlements. The Commission also had to assess whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that it be free from provisions that would have an adverse effect on the health and safety of employees.

In reaching its decision, the FWC found that the enterprise agreement was likely to lead to improved productivity and efficiency in the workplace. The Commission noted that the agreement included provisions for performance management and development, which it considered to be positive steps towards improving employee performance and engagement. The FWC also found that the agreement provided appropriate safeguards for employees' rights and entitlements, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement did not contain any provisions that would have an adverse effect on the health and safety of employees, and that it was therefore appropriate for approval as a low-risk agreement.

The FWC approved the Trinity College Enterprise Agreement 2018 as a low-risk agreement, subject to certain conditions. These conditions included a requirement for the employer to provide information and training to employees about the agreement, and a requirement for the employer to take steps to ensure that the agreement was implemented in a fair and consistent manner. The Commission also made an order that the agreement be registered with the Fair Work Commission, which would have the effect of making it a legally binding contract between the employer and employees.

Trinity College Gawler Inc T/A Trinity College Gawler

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established